Did you know that besides the name and tagline, Nestle has also tried to trademark the SHAPE of its popular chocolate, Kit Kat?

Nestle & Mondelez have been involved in a legal battle for years over the shape of Nestle’s Kit Kat bars. Mondelez has thwarted every attempt or appeal by Nestle to trademark the distinctive four-finger shape. The latest round in this battle, which concluded in May 2017, saw Mondelez as the victor.

Why so much hoopla over shape though? A product’s SHAPE is a distinct part of its BRAND IDENTITY. Think of Coca-Cola – you will have immediately pictured the distinctly curvy bottle. In fact, if someone removed the label off a Coca-Cola bottle, you would still recognise the brand simply by its shape.